ECJ: One more chance for Nestlés QUICKY bunny
am 26.09.2007 von http://servicemarks.blogspot.com/ECJ reverses CFIs decision to deny Nestlés QUICKY bunny registration on relative grounds - but nothing is decided yet. In its judgment of 20 september 2007, the ECJ overturned the CFIs decision of 22 february 2006 to dismiss Nestlés appeal against the OHIMs refusal to register its QUICKY word/device mark on the grounds of earlier rights.The applicant, Nestlé S.A., the notorious Swiss food giant, applied for the registration of its QUICKY word/device mark, depicted on the left, on 6 February 1997, i.e. shortly after the OHIM had become operational. The mark shows the fairly well-known cartoon bunny usually found on the packaging of Nesquik instant chocolate powder, with a capital N around its neck and together with its name QUICKY printed underneath.Quick restaurants SA, a Belgian maker of burgers and French fries (they should really be referred to as Belgian fries - cui honorem, honorem), opposed the application on the basis of its earlier national and/or international QUICKIES (word) and QUICK (word and word/device, see below) marks, registered, among other things, in France and the Benelux, where they are widely used and may even be well-known. Since the marks were registered respectively claimed for more or less the same goods in classes 29, 30 and 32, the legal issues of the case basically boil down to two questions:Does QUICKIES or QUICK have normal distinctiveness, given that the meaning of the word quick in English may well be considered descriptive for fast food? Does the fact that the application …
EuG: Quicky vs. Quick
MarkenBlog / Unter dem Titel “ECJ: One more chance for Nestlé’s QUICKY bunny” berichtet Servicemarks über die Entscheidung des Europäischen Gerichtes erster Instanz.…
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ECJ endorses the concept of serial marks...
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Solidarität
Jurabilis / Nestlé reagierte prompt auf den arabischen Boykott: Der Konzern schaltete eine Anzeige in einer saudi-arabischen Tageszeitung, um darauf hinzuweisen, dass seine Produkte nicht in Dänemark hergestellt werden und dass es sich bei Nestlé um ein Schw…
Ferrero takes on UEFA over EM 2008 mark
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US Marke: KATRINA BLOWS BUSH SUCKS
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